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2 Answers | Asked in Landlord - Tenant, Contracts, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Options to stop eviction in Ohio mobile home park after rent delay and breach of Promise to Pay Agreement?

I live in a mobile home park in Ohio and I am currently behind on my rent payments. Previously, I managed to pay off my rent before court dates or paperwork filing. This time, I signed a Promise to Pay Agreement to make three payments; I made the first two but couldn't make the third one. I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 8, 2025

It sounds as though the promise to pay was signed after the 3 day notice was given. If you made 2 of the 3 payments towards the current month's rent, then the notice to vacate would be invalid and rendered void based upon accepting rent for the future rent period.

However, if the...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Ohio on
Q: How to proceed with land contract default and damages recovery in Ohio?

I have a land contract in Ohio that is expiring at the end of the month. The buyer was unable to secure a loan for the final balloon payment, resulting in a default. The contract references compliance with sections 5313.05 and 5313.09 of the Ohio Revised Code for defaults. A lawyer mentioned that I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Your options to evict or foreclose are determined based upon the time the land install contract has existed and the amount paid towards the purchase price. If the land installment contract has existed for five (5) years or the Buyer has paid more than 20% of the purchase price, then you must... View More

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2 Answers | Asked in Contracts, Civil Litigation and Business Law for Ohio on
Q: Should I hire a lawyer for a civil court case against contractors who didn't complete the job as contracted?

I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 28, 2025

Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More

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2 Answers | Asked in Nursing Home Abuse, Personal Injury and Contracts for Ohio on
Q: Nursing home camera liability waiver implications in Ohio?

My mom is in a nursing home as a high-risk fall patient, and they've changed their rules regarding cameras in rooms. We were given a Release of Liability/Indemnification form to sign, which states that the facility is released from liability for all claims related to privacy violations from... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 24, 2025

The form release and indemnification essentially requires you to release the nursing home from any and all claims that may be brought against the nursing home resulting from the installation of the camera. Your mother may have an expectation of privacy within the nursing home room. If your mother... View More

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2 Answers | Asked in Real Estate Law and Contracts for Ohio on
Q: Shared septic tank discovered after home purchase, no disclosure.

I purchased a house in July and recently discovered that the adjacent home shares our septic tank. The previous owner and the adjacent homeowner are siblings. There was no disclosure of this arrangement during the sale, only an easement for the driveway and electricity. The adjacent homeowner... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2025

Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may... View More

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2 Answers | Asked in Collections and Contracts for Ohio on
Q: Ohio judgment lien statute of limitations for credit card debt?

In Ohio, does the statute of limitations for a judgment lien begin on the judgment date (4/4/2019) or on the filing date (10/22/2020), considering it was filed in two different courts in the same county? The judgment is related to credit card debt incurred by my ex-wife without my knowledge,... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 1, 2025

The original judgment becomes dormant after five (5) years, or five (5) years from the certificate of judgment or other attempt to collect. R.C. 2329.07. The judgment itself does not create a lien until a certificate of judgment is filed. If a judgment lien exists, then the limitations period is... View More

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3 Answers | Asked in Probate and Real Estate Law for Ohio on
Q: What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?

What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 21, 2025

Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Divorce, Business Law, Contracts and Real Estate Law for Ohio on
Q: Can I claim equity in a house bought with my husband's military death benefit?

My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 25, 2025

In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio on
Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 18, 2025

The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through...
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1 Answer | Asked in Traffic Tickets for Ohio on
Q: In Ohio, am I allowed to record audio of a speeding ticket hearing in a mayors court

This specific mayors court has been defined as a money grab and unlawful in the way it operates

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

The local rules of Court will provide the process for obtaining a copy of the Court proceedings, and whether there are provisions for making recordings by alternative means, or the local rules will provide that you can hire a court reporter to transcribe the proceedings.

1 Answer | Asked in Car Accidents for Ohio on
Q: My teenager took my his car that was in my name without permission and caused a car accident that he was at fault.

Now I’m being sued for the damages because the car was not insured and they’re threatening to suspend my license

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

If the car was used without your permission, then you are not responsible. The way the question was written gives the appearance that the car was in your name but used by your son. If that is the case, then you can be held liable. If found liable, then your license can be suspended until the... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Ohio on
Q: Window tint ticket in Ohio. Proof of insurance shown, but not marked on ticket. I have questions.

Received window tint ticket in OH. As the officer was handing me my ID and the ticket, he asked for proof of insurance (POI), which I showed him, but he had already marked that I did NOT provide POI on my ticket. When I showed him proof, he marked on my ticket (the carbon copy) that I showed... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

The main concern is the proof of insurance. You need to show up for Court in order to demonstrate proof of insurance.

I do not believe there is anything you can do about not marking proof of insurance on the ticket.

Removing the window tint may be helpful, but it is not a defense....
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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I want to pursue a lawsuit is it possible should I? Or any other advice to better assist me.

My landlord has not fixed anything that falls under the housing quality standards. I receive rental assistance and that program has failed me with NOT holding the landlord accountable. He is now asking for a rent increase. I’ve been suffering for approaching two years, only slept one time in the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

Many Courts in Ohio state that there is no claim for abatement of rent unless the tenant pursues a rent escrow account. If you have documentation take it to the Clerk of Courts and attempt to open an escrow account. If the Clerk will not accept your documentation, send a certified letter giving... View More

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1 Answer | Asked in Contracts for Ohio on
Q: Cash for homes wholesaler failed to close on a contract. Do they not owe me the money in escrow when contract states so?

This is how the language used in the contract. I held up my end of the deal, they failed to find the Buyer and close

Buyer will pay 1000 to escrow agent as an earnest money deposit if the buyer fails to close for any reason other than the contingencies described in the agreement then the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 15, 2025

Ohio Revised Code §4735.24 requires the escrow agent to maintain the funds in escrow until it receives an executed agreement directing the funds to be disbursed, or a final judgment of a Court directing the funds to be disbursed.

If the buyer will not execute a release, then you will have...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

He isn’t following zoning set back rules. I paid a surveyor to certify my property lines. He hasn’t registered his business with my county. He’s not treating my job as a priority and I’ve caught him with bad workmanship with pic proof. He’s been paid a full deposit of half the cost and in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 29, 2024

You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should... View More

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: Contract dispute over house square footage that was misrepresented.

We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 6, 2024

For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: How should I proceed if a surveyor put in a new property pin approximately 4.5 feet from a previous?

My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 17, 2024

It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More

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